[Federal Register Volume 73, Number 172 (Thursday, September 4, 2008)]
[Notices]
[Pages 51689-51692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-20510]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket ID. FMCSA-2008-0266]


Qualification of Drivers; Exemption Applications; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of applications for exemptions; request for comments.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces receipt of applications from 25 individuals 
for exemptions from the vision requirement in the Federal Motor Carrier 
Safety Regulations. If granted, the exemptions would enable these 
individuals to qualify as drivers of commercial motor vehicles (CMVs) 
in interstate commerce without meeting the Federal vision standard.

DATES: Comments must be received on or before October 6, 2008.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2008-0266 using any of the 
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting 
comments.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., West Building Ground 
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140, 
1200

[[Page 51690]]

New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
      Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket ID for 
this Notice. Note that DOT posts all comments received without change 
to http://www.regulations.gov, including any personal information 
included in a comment. Please see the Privacy Act heading below.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov at any time or Room W12-140 
on the ground level of the West Building, 1200 New Jersey Avenue, SE., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The FDMS is available 24 hours each day, 365 
days each year. If you want acknowledgment that we received your 
comments, please include a self-addressed, stamped envelope or postcard 
or print the acknowledgement page that appears after submitting 
comments on-line.
     Privacy Act: Anyone may search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or of the person signing the comment, if 
submitted on behalf of an association, business, labor union, etc.). 
You may review the DOT's complete Privacy Act Statement in the Federal 
Register published on April 11, 2000 (65 FR 19476). This information is 
also available at http://Docketsinfo.dot.gov.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director,Medical 
Programs, (202) 366-4001, [email protected], FMCSA, Department of 
Transportation, 1200 New Jersey Avenue, SE., Room W64-224, Washington, 
DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., Monday 
through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION: 

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
for a 2-year period if it finds ``such exemption would likely achieve a 
level of safety that is equivalent to, or greater than, the level that 
would be achieved absent such exemption.'' FMCSA can renew exemptions 
at the end of each 2-year period. The 24 individuals listed in this 
notice each have requested an exemption from the vision requirement in 
49 CFR 391.41(b)(10), which applies to drivers of CMVs in interstate 
commerce. Accordingly, the Agency will evaluate the qualifications of 
each applicant to determine whether granting the exemption will achieve 
the required level of safety mandated by statute.

Qualifications of Applicants

Larry W. Barnes

    Mr. Barnes, age 58, has had amblyopia in his left eye since birth. 
The best corrected visual acuity in his right is eye is 20/20 and in 
the left, 20/100. Following an examination in 2008 his optometrist 
noted, ``It is my opinion that this life-long amblyopia in Mr. Barnes' 
left eye in no way affects his ability to drive and operate a 
commercial vehicle.'' Mr. Barnes reported that he has driven straight 
trucks for 11 years, accumulating 13,200 miles. He holds a Class A 
Commercial Driver's License (CDL) from Arkansas. His driving record for 
the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Rick A. Benevides

    Mr. Benevides, 57, has had amblyopia in his left eye since 
childhood. The best corrected visual acuity in his right eye is 20/25 
and in the left, 20/100. Following an examination in 2008, his 
ophthalmologist noted, ``Given that Mr. Benevides is so well accustomed 
to his vision and has had no difficulty with driving, I believe that 
his visual status is safe for him to operate a commercial vehicle.'' 
Mr. Benevides reported that he has driven straight trucks for 8 years, 
accumulating 560,000 miles and tractor-trailer combinations for 30 
years, accumulating 2.1 million miles. He holds a Class A CDL from 
Massachusetts. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

Jack E. Benjamin

    Mr. Benjamin, 55, has had amblyopia in his right eye since birth. 
The visual acuity in his right eye is 20/100 and in the left, 20/20. 
Following an examination in 2008, his optometrist noted, ``It is my 
medical opinion that Jack has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Benjamin reported 
that he has driven straight trucks for 35 years, accumulating 560,000 
miles, tractor-trailer combinations for 35 years, accumulating 997,500 
miles, and buses for 35 years, accumulating 327,985 miles. He holds a 
Class A CDL from New York. His driving record for the last 3 years 
shows one crash in which he was cited for driving too fast for road 
conditions, and no convictions for moving violations in a CMV.

Allen S. Bush

    Mr. Bush, 50, has had amblyopia in his left eye since childhood. 
The best corrected visual acuity in his right eye is 20/20 and in the 
left, 20/70. Following an examination in 2008 his ophthalmologist 
noted, ``I do feel that his vision is sufficient to perform the driving 
task to operate a commercial vehicle.'' Mr. Bush reported that he has 
driven straight trucks for 30 years, accumulating 180,000 miles. He 
holds a Class A CDL from New York. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Todd A. Chapman

    Mr. Chapman, 38, has had nystagmus and amblyopia in his left eye 
since childhood. The best corrected visual acuity in his right eye is 
20/20 and in the left, count-finger vision. Following an examination in 
2008, his optometrist noted, ``It is my medical opinion that Mr. 
Chapman has sufficient vision to perform the driving task required to 
operate a commercial vehicle.'' Mr. Chapman reported that he has driven 
straight trucks for 5 years, accumulating 175,000 miles and tractor-
trailer combinations for 19 years, accumulating 475,000 miles. He holds 
a Class A CDL from North Carolina. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Delone W. Dudley

    Mr. Dudley, 49, has had amblyopia in his right eye since childhood. 
The best corrected visual acuity in his right eye is 20/60 and in the 
left, 20/20. Following an examination in 2008, his ophthalmologist 
noted, ``I believe that Mr. Dudley has sufficient vision to operate a 
commercial vehicle.'' Mr. Dudley reported that he has driven straight 
trucks for 20 years, accumulating 170,000 miles and tractor-trailer 
combinations for 3\1/2\ years, accumulating 29,750 miles. He holds a 
Class A CDL from Maryland. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Irvin L. Eaddy

    Mr. Eaddy, 59, has had open angle glaucoma since 1996. The best 
corrected visual acuity in his right eye is 20/20 and in the left, 
light perception. Following an examination in 2008, his optometrist 
noted, ``In my medical opinion, he has sufficient vision to perform the 
driving tasks required to

[[Page 51691]]

operate a commercial vehicle.'' Mr. Eaddy reported that he has driven 
tractor-trailer combinations for 23 years, accumulating 2.8 million 
miles. He holds a Class A CDL from South Carolina. His driving record 
for the last 3 years shows no crashes and one conviction for a moving 
violation, speeding in a CMV. He exceeded the speed limit by 9 mph.

Herman Hicks

    Mr. Hicks, 50, has reduced peripheral vision in his left eye due to 
a traumatic injury sustained as a child. The best corrected visual 
acuity in his right eye is 20/20 and in the left, 20/30. The horizontal 
field of vision in his right eye is 120 degrees and in the left, 68 
degrees. Following an examination in 2008, his ophthalmologist noted, 
``I feel in my medical opinion that Mr. Herman Hicks has sufficient 
vision to properly operate a commercial vehicle and should be granted 
an exception for his left eye defect.'' Mr. Hicks reported that he has 
driven straight trucks for 24 years, accumulating 264,000 miles. He 
holds a Class C operator's license from Georgia. His driving record for 
the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Ralph Landers

    Mr. Landers, 40, has had optic nerve defect in his right eye since 
birth. The best corrected visual acuity in his right eye is 20/80 and 
in the left, 20/25. Following an examination in 2008, his optometrist 
noted, ``Mr. Lander's vision is sufficient to drive a commercial 
vehicle and his vision should be assessed yearly to insure he can 
maintain present vision for driving.'' Mr. Landers reported that he has 
driven straight trucks for 12 years, accumulating 720,000 miles, and 
buses for 2 years, accumulating 1,800 miles. He holds a Class C 
operator's license from Georgia. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Jeromy W. Leatherman

    Mr. Leatherman, 29, has had amblyopia in his left eye since birth. 
The visual acuity in his right eye is 20/20 and in the left, 20/200. 
Following an examination in 2008, his optometrist noted, ``In my 
opinion, Jeromy has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Leatherman reported 
that he has driven straight trucks for 11 years, accumulating 660,000 
miles. He holds a Class B CDL from Pennsylvania. His driving record for 
the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Ernest B. Martin

    Mr. Martin, 52, has had amblyopia in his right eye since childhood. 
The visual acuity in his right eye is 20/200 and in the left, 20/20. 
Following an examination in 2008, his optometrist noted, ``Mr. Martin 
has a satisfactory level of vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Martin reported that he 
has driven straight trucks for 1 year, accumulating 3,200 miles, 
tractor-trailer combinations for 3\1/2\ years, accumulating 252,000 
miles. He holds a Class A CDL from Kentucky. His driving record for the 
last 3 years shows one crash, for which he was cited, and one 
conviction for a moving violation, speeding in a CMV. He exceeded the 
speed limit by 10 mph.

Mark L. McWhorter

    Mr. McWhorter, 46, has complete loss of vision in his left eye due 
to a traumatic injury sustained as a child. The best corrected visual 
acuity in his right eye is 20/20. Following an examination in 2008, his 
optometrist noted, ``Mr. McWhorter's vision is stable and it is my 
professional opinion that he has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle, so long as he 
has side mirrors or both sides of the vehicle.'' Mr. McWhorter reported 
that he has driven tractor-trailer combinations for 6\1/2\ years, 
accumulating 585,000 miles. He holds a Class A CDL from Florida. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Charles D. Messier

    Mr. Messier, 45, has loss of vision in his right eye due to 
lymphoma that occurred in 2005. The visual acuity in his right eye is 
count-finger-vision and in the left, 20/30. Following an examination in 
2008, his ophthalmologist noted, ``Patient has sufficient vision to 
operate a commercial vehicle.'' Mr. Messier reported that he has driven 
straight trucks for 22 years, accumulating 1.7 million miles, tractor-
trailer combinations for 12 years, accumulating 1.2 million miles. He 
holds a Class A CDL from New Hampshire. His driving record for the last 
3 years shows no crashes and no convictions for moving violations in a 
CMV.

Raymond C. Miller

    Mr. Miller, 42, has had amblyopia in his right eye since birth. The 
visual acuity in his right eye is 20/80 and in the left, 20/20. 
Following an examination in 2008, his ophthalmologist noted, ``It is my 
medical decision that Raymond Miller does have sufficient vision to 
drive a commercial vehicle.'' Mr. Miller reported that he has driven 
straight trucks for 24 years, accumulating 66,000 miles, tractor-
trailer combinations for 3 years, accumulating 750 miles, and buses for 
18 years, accumulating 21,600 miles. He holds a Class D operator's 
license from Alabama. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Dennis E. Palmer, Jr.

    Mr. Palmer, 27, has loss of vision in his left eye due to an optic 
nerve injury that occurred in 1998. The visual acuity in his right is 
eye is 20/20 and in the left, light perception. Following an 
examination in 2008 his ophthalmologist noted, ``It is my medical 
opinion that Mr. Palmer has sufficient vision to drive a commercial 
vehicle.'' Mr. Palmer reported that he has driven straight trucks for 6 
years, accumulating 96,000 miles. He holds a Class 2 CDL from 
Connecticut. This allows him to drive non-commercial vehicles with a 
gross weight of 10,000 pounds or less. His driving record for the last 
3 years shows no crashes and no convictions for moving violations in a 
CMV.

Gary W. Phelps

    Mr. Phelps, 49, has had a prosthetic left eye since childhood due 
to a traumatic injury. The best corrected visual acuity in his right 
eye is 20/25. Following an examination in 2008, his ophthalmologist 
noted, ``I feel that Mr. Gary Phelps has sufficient vision to perform 
the driving tasks required to operate a commercial vehicle.'' Mr. 
Phelps reported that he has driven straight trucks for 27 years, 
accumulating 1.1 million miles and tractor-trailer combinations for 10 
years, accumulating 100,000 miles. He holds a Class A CDL from 
Pennsylvania. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

Kevin L. Quastad

    Mr. Quastad, 44, has loss of vision in his right eye due to a 
traumatic injury sustained in 1984. The visual acuity in his right eye 
is light perception and in the left, 20/20. Following an examination in 
2008, his optometrist noted, ``In my opinion, Kevin meets the vision 
standard to perform the driving tasks required to operate a commercial

[[Page 51692]]

vehicle.'' Mr. Quastad reported that he has driven straight trucks for 
28 years, accumulating 560,000 miles and tractor-trailer combinations 
for 24 years, accumulating 600,000 miles. He holds a Class A CDL from 
Iowa. His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

John E. Rains

    Mr. Rains, 41, has had amblyopia in his left eye since childhood. 
The best corrected visual acuity in his right is eye is 20/15 and in 
the left, 20/80. Following an examination in 2008 his ophthalmologist 
noted, ``In my opinion, Mr. Rains has sufficient vision to perform 
driving tasks required to operate a commercial vehicle.'' Mr. Rains 
reported that he has driven straight trucks for 19 years, accumulating 
380,000 miles. He holds an operator's license from Washington. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

James D. St. Peter

    Mr. St. Peter, 43, has had optic nerve atrophy in his right eye 
since birth. The best corrected visual acuity in his right eye is 20/
100 and in the left, 20/20. Following an examination in 2008, his 
optometrist noted, ``Yes, I certify that James St. Peter has sufficient 
vision to operate and do tasks of driving a commercial vehicle on the 
highway.'' Mr. St. Peter reported that he has driven straight trucks 
for 10 years, accumulating 300,000 miles and tractor-trailer 
combinations for 8 years, accumulating 307,200 miles. He holds a Class 
A CDL from North Carolina. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Michael Sutton

    Mr. Sutton, 50, has loss of vision in his right eye due to a 
traumatic injury sustained in 1981. The visual acuity in his right is 
eye is 20/400 and in the left, 20/25. Following an examination in 2008 
his optometrist noted, ``In my medical opinion, you do have sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Sutton reported that he has driven straight trucks for 
18 years, accumulating 225,000 miles. He holds a Class D operator's 
license from Alabama. His driving record for the last 3 years shows one 
crash, for which he was not cited, and no convictions for moving 
violations in a CMV.

Sylvester Silver

    Mr. Silver, 53, has a prosthetic left eye due to a traumatic injury 
sustained as a child. The visual acuity in his right eye is 20/20. 
Following an examination in 2008, his optometrist noted, ``Mr. Silver's 
current ocular health and visual fields is excellent. His present 
visual status is sufficient to perform the driving tasks required to 
operate a commercial vehicle.'' Mr. Silver reported that he has driven 
buses for 18 years, accumulating 1.2 million miles. He holds a Class B 
CDL from Virginia. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Wade D. Taylor

    Mr. Taylor, 46, has a prosthetic left eye. The best corrected 
visual acuity in his right eye is 20/20. Following an examination in 
2008, his optometrist noted, ``At this time, I have educated Mr. Taylor 
of the findings of today's exam and have found that his vision is 
sufficient to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Taylor reported that he has driven straight 
trucks for 3 years, accumulating 84,000 miles. He holds a Class E 
operator's license from Missouri. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

William R. Thomas

    Mr. Thomas, 57, has loss of vision in his left eye due to a 
traumatic injury sustained as a child. The best corrected visual acuity 
in his right eye is 20/20 and in the left, 20/400. Following an 
examination in 2008, his ophthalmologist noted, ``Therefore, in my 
medical opinion since this patient has been driving for so long and has 
had this degree of vision at a stable fashion since he has been a child 
I do feel that he does apparently have sufficient vision to perform 
driving tasks required to operate a commercial vehicle.'' Mr. Thomas 
reported that he has driven straight trucks for 26 years, accumulating 
1 million miles. He holds a Class A CDL from Mississippi. His driving 
record for the last 3 years shows no crashes and no convictions for 
moving violations in a CMV.

Terrence L. Trautman

    Mr. Trautman, 58, has had amblyopia in his right eye since 
childhood. The visual acuity in his right eye is 20/400 and in the 
left, 20/20. Following an examination in 2008, his optometrist noted, 
``I certify that he has sufficient vision to perform driving tasks 
required to operate a commercial vehicle.'' Mr. Trautman reported that 
he has driven straight trucks for 35 years, accumulating 350,000 miles. 
He holds a Class A CDL from Washington. His driving record for the last 
3 years shows no crashes and no convictions for moving violations in a 
CMV.

David Vallier

    Mr. Vallier, 46, has had alternating exotropia in his eyes since 
birth. The best corrected visual acuity in his right eye is 20/20 and 
in the left, 20/20. Following an examination in 2008, his optometrist 
noted, ``Has sufficient vision to operate a commercial vehicle.'' Mr. 
Vallier reported that he has driven straight trucks for 20 years, 
accumulating 3.1 million miles and tractor-trailer combinations for 15 
years, accumulating 1.5 million miles. He holds a Class A CDL from 
Louisiana. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests 
public comment from all interested persons on the exemption petitions 
described in this notice. The Agency will consider all comments 
received before the close of business October 6, 2008. Comments will be 
available for examination in the docket at the location listed under 
the ADDRESSES section of this notice. The Agency will file comments 
received after the comment closing date in the public docket, and will 
consider them to the extent practicable. In addition to late comments, 
FMCSA will also continue to file, in the public docket, relevant 
information that becomes available after the comment closing date. 
Interested persons should monitor the public docket for new material.

    Issued on: August 27, 2008.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
 [FR Doc. E8-20510 Filed 9-3-08; 8:45 am]
BILLING CODE 4910-EX-P